Bailey v. American Deposit & Loan Co. — 165 N.Y. 672

Majority

p. 672

Alfred D. Bailey, as Ancillary Administrator of Parthenia Elizabeth Gordon, Deceased, Respondent, v. American Deposit and Loan Company, Appellant.

Headnote

Bailey v. American D. & L. Co., 52 App. Div. 402 , affirmed.

(Argued January 25, 1901;

decided February 15, 1901.)

Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered June 13, 1900, reversing a judgment in favor of defendant entered

p. 673

upon a dismissal of the complaint hy the court at a Trial Term, and granting a new trial.

Allan McCulloh for appellant.

George H. Fletcher for respondent.

Order affirmed and judgment absolute ordered for plaintiff on the stipulation, with costs, on opinion below.

Concur: Gray, Bartlett, Martin, Vann, Cullen and Werner, JJ. Taking no part: Parker, Ch. J.